A High Court motion has been filed challenging government’s right to convene parliament and pass laws while according to the suit, the legislative body is improperly constituted.

The case was filed today by former Attorney General Adriel Brathwaite through his attorneys Garth Patterson and Michelle Russell.

A written statement released by Mr. Brathwaite alleges that Parliament has been convened at a time when one of its key organs, the Senate, has not been constituted in accordance with the clear mandate of section 36 of the Constitution.

Mr. Brathwaite argues that since only eighteen of the required twenty-one Senators have been appointed, this means that there is no Senate, and, without a Senate, there is no Parliament.

He contends that, therefore, any business that it purports to conduct will be devoid of validity.

The former attorney general complains that despite what he calls the clear, urgent calls for the rectification of this state of affairs, the Government has, in his opinion, unlawfully proceeded to pass in the House a Bill for an Act of Parliament that alters the Constitution itself, at a time when three of the members of the Senate have not been appointed and will, consequently, have no opportunity to debate or vote on these proposed constitutional amendments.

He argues further that this is against the background of no consultation with stakeholders and no attempt to obtain a broad consensus from members of society, about these fundamental changes to entrenched provisions of the Constitution.

Mr. Brathwaite says it is for these reasons that he feels compelled to seek the intervention of the Courts to resolve what he describes as a controversy that goes to the root of the country’s democracy.

Therefore he today instructed his lawyers to file in the High Court an application that he says is aimed at compelling the  Government to put its house in order before conducting the affairs of State.

Mr. Brathwaite also stressed that he is not bringing this action on behalf of any political party.